Yuna-Dartmoor Railway Act 1933 (WA)

19831 Funa-Dartmoor Railway. No. 23.

YUNA-DARTMOOR RAILWAY.

24 3    GEO. V., No. XXIII.

No. 23 of 1933.

AN ACT ;to authorise the construction of a railway from

Yuna to Dartmoor.

[Assented to 24th November, 1933.]

BE it enacted by the King's Most Excellent Majesty, byand with the advice and consent of the Legislative

Council and Legislative Assembly of Western Australia, in

this present Parliament assembled, and by the authority of

the same, as follows:-

1.    This Act may be cited as the runa-Dartmoor Railway Short title.

Act, 1933.

It shall be lawful to construct and maintain a railway, with all necessary, proper, and usual works and conveniences in connection therewith, along the line described in the sche- dule to this Act.	Authority to
construct.

2.

3.    Notwithstanding anything contained in the Public Deviation.

Works Act, 1902, it shall be lawful for the Minister for Works to deviate from the line as described in such schedule to the extent of five miles on either side thereof.

4. At any time after the passing of this Act, and until the Power to Governor to purchase

expiration of twelve months from the publication of notice in pulsorhy land within 15 miles

the Government Gazette declaring the railway open for traffic, or railway.

the Governor may

(a) with the object of encouraging the cultivation and

settlement of land, compulsorily purchase any

No. 23.] Yuna-Dartmoor Railway. [1933.

land in parcels of not less than one thousand acres, each parcel being the property of one person or two or more persons, jointly or in common, and situated within fifteen miles of any part of the line of the railway, and which land is certified by the Minister for Lands as suitable for closer agricul- tural settlement;

(h) compulsorily purchase any land situated as afore-

said for townsites:

Provided that no land shall be compulsorily purchased under paragraph (a) of this section until the Land Purchase Board has favourably reported thereon.

Purchase money to be determined under5. On the determination by the Governor from time to

1002.Public Works Act, time to exercise the power conferred by the last preceding

section, any land within such defined limits may be taken under the Public Works Act, 1902, and the provisions of that Act shall apply, and the amount of the purchase money shall be determined as compensation is determined under that Act:

Provided that, in the exercise of any such power, or on the acquisition by the Governor within the said period, of land situated as aforesaid for any work within the meaning of the Public Works Act, 1902, no regard shall be had to any increased value occasioned by the railway, and the purchase money shall be assessed at the probable and reasonable price which the land with any improvements thereon, or the estate or interest of the claimant therein, might have been expected to realise if offered for sale at the date the land was taken and if the railway had not been constructed or authorised.

Governor may	6. Before the purchase money is paid for any land com-
require surrender

to be made. pulsorily purchased under the authority of this Act, the Gov- ernor may require the claimant to execute a surrender, conveyance, or transfer of the land to the Crown, or as the Governor may direct, free from all encumbrances.

Application of	7. All such land acquired under paragraph (a) of section
No 46 of /909.

four shall be dealt with under the provisions of the Agricul- tural Lands Purchase Act, 1909, and the purchase money may be paid out of any moneys authorised to be raised and expended by that Act, or as therein prescribed.

1933.1 Yitva-Dartmoor Railway. [No. 23.

SCHEDULE.

TINA-DARTMOOR RAILWAY.

Description of Main L ine of Railway.

Commencing at a point in the Yuna station yard on the Geraldtoa- Ynna Railway and proceeding thence in a generally north by easterly direc- tion for approximately twenty-one miles, and thence generally in a north- easterly direction for approximately nineteen miles; thence in a generally northerly direction for approximately eleven miles, terminating at a point near Location 9104, Victoria District, as more particularly delineated and coloured red on map marked C.C.E. Plan No. 28894, deposited pursuant to 2 Edw. VII., No. 47, section 96.

Total length about 51 miles.